Alabama Supreme Court tells judges to stop issuing same-sex marriage licenses

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From CNN.

MONTGOMERY — The Alabama Supreme Court on Tuesday ordered probate judges in the state to stop issuing licenses for same-sex marriages.

In February, a federal court decision in Mobile County had cleared the path for same-sex marriages to begin in the state.

The 134-page order Wednesday was supported by six justices. One dissented and another concurred to most of the opinion and in total to the result.

Marriage is between one man and one woman under Alabama law, the order states.

“Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty,” it says.

Probate judges have five business days to respond to the order if they don’t think they are bound to uphold it.

“Same-sex couples in #Alabama should not lose hope because of out-of-step Supreme Court ruling; #marriage fight is far from over. #ALMarriage,” tweeted Equality Alabama.

The Liberty Counsel, which filed an emergency petition to the state’s Supreme Court said on its website that “the ruling of the Alabama Supreme Court offers the most forceful and clearly articulated rebuttal to date of the imaginative arguments for same-sex “marriage” employed by federal courts.”

In his dissent, Justice Greg Shaw wrote that he didn’t think the case was properly filed nor did the court have jurisdiction. He also said the public interest groups involved in the case cannot sue in Alabama’s name.

Shaw added that the federal courts should have stayed an order striking down Alabama’s marriage law until the U.S. Supreme Court rules on it this fall.

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6 comments

  • "peety"

    Feds need to come in and arrest that judge. Alabama is going to be bankrupted by all the lawsuits this ignorant homophobe is causing.

    • "peety"

      why do you hate the Constitution?
      Article six, clause two:
      This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

      • Sayh

        Article Six has nothing to do with this you Iget.
        Gay marriage is not a constitutional or civil rights issue. It’s all about a contractual, legal piece of paper that has nothing to do with marriage and should have the term marriage removed and never again used in any form of government legitimacy; the only term that should be used is ‘Civil Union’.

  • dg54321

    Judges aren’t ministers. Government needs to get out of the business of marriage entirely. Until then, government has to treat everyone equally. Republicans would gain a lot of ground by just dropping this non-issue like a hot potato and leaving gays to get married. Stupid that they won’t.

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